German patent issue

Discussion in 'General Business Forum' started by onlineseller2018, Jun 14, 2019 at 7:48 PM.

  1. onlineseller2018

    onlineseller2018 UKBF Newcomer Free Member

    9 1
    We have received a notice of infringement in Germany but we are not the manufacturer of the product as we buy from the manufacturer based in China

    To add this is a big manufacturer and worth a few million.

    Can we insist that the manufacturer is also bought into the case and also liable if the patent is infringed ?

    We are sure it's not been infringed but nothing is 100% especially when dealing with patent cases

    Any advice appreciated
     
    Posted: Jun 14, 2019 at 7:48 PM By: onlineseller2018 Member since: Nov 1, 2018
    #1
  2. Mr D

    Mr D UKBF Legend Free Member

    14,176 1,553
    Their action against the manufacturer - how should it impact their action against you?

    They may already be dealing with that separately. Or may decide the Chinese company is not worth the hassle - but you are easy prey.

    Is the patent infringed?
     
    Posted: Jun 14, 2019 at 10:06 PM By: Mr D Member since: Feb 12, 2017
    #2
  3. onlineseller2018

    onlineseller2018 UKBF Newcomer Free Member

    9 1
    We buy a product from a reputable well known China factory and we rebrand it with our brand

    This Chinese product has been on the market for many years and many other well-known retailers also add there brand ( OEM) and sell in stores an online.

    The patent has been issued against our company and been honest im 100% we are not infringing

    But if the product is infringing can we also bring the manufacturer into the case to make them jointly liable?

    I'm thinking worst-case scenario and just trying to make sure we don't get hit and left to pay costs and damages for a product we do not manufacture

    I want to make sure the manufacturer is involved to make sure costs are covered

    German law is different from UK and i have been advised they can be included in the case
     
    Posted: Jun 15, 2019 at 10:02 AM By: onlineseller2018 Member since: Nov 1, 2018
    #3
  4. The Byre

    The Byre UKBF Ace Free Member

    8,503 3,291
    Issues of patent infringement are ALWAYS down to the nitty-gritty details.

    Just remember five things -

    1. A patent that goes undefended can end up being worthless. Patents are only worth having if you are prepared to defend them each and every time they are infringed.

    2. German companies have far more quantifiable legal costs. i.e. they know in advance more or less what a certain type of action is going to cost them. If they threaten legal action, they will have calculated what it could cost them in advance and have probably done this before.

    3. German companies are very litigious, compared to their UK counterparts. They like taking other to court! It (together with wildly inflated insurance claims) is almost a national pastime!

    4. If you have offered your product in the German market (e.g. Amazon.de or eBay.de) that is enough to have injured their intellectual property rights.

    5. The hitherto convoluted pathway to getting a German judgement enforced in Englandshire was simplified and made far easier a couple of years ago.
     
    Posted: Jun 15, 2019 at 10:15 AM By: The Byre Member since: Aug 13, 2013
    #4
  5. Mr D

    Mr D UKBF Legend Free Member

    14,176 1,553
    So just for a product you sell. Which presumably will already be factored in by their lawyers.

    OK.

    Have seen several of these in past couple of years. Not seen the forcing of adding another defendant in china work but maybe you have better plans or maybe they aren't chasing them.
     
    Posted: Jun 15, 2019 at 10:38 AM By: Mr D Member since: Feb 12, 2017
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  6. The Byre

    The Byre UKBF Ace Free Member

    8,503 3,291
    You can't get a German court order enforced in China - but you can relatively easily in the UK.
     
    Posted: Jun 15, 2019 at 12:12 PM By: The Byre Member since: Aug 13, 2013
    #6
  7. MY OFFICE IN CHINA

    MY OFFICE IN CHINA UKBF Big Shot Full Member

    4,041 812
    Have you received the full paperwork of the Patent you are alleged to be infringing?

    Have you looked carefully and decided that you are a) Definitely infringing. b) Definitely not infringing. c) May be infringing.

    If you are unsure get advice from a Patent Attorney.

    Have you contacted your supplier to gauge their advice?

    I imagine that a German company would take both the retailer and supplier to court . . . . .and they will!
     
    Posted: Jun 15, 2019 at 12:26 PM By: MY OFFICE IN CHINA Member since: Nov 16, 2011
    #7